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(영문) 서울중앙지방법원 2017.06.23 2015가합546560
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The plaintiff is a company with the main purpose of investment brokerage business, investment advisory business, etc. prescribed by the Financial Investment Services and Capital Markets Act, and the defendant is a person who runs real estate development business, etc. under the trade name B and runs the business of constructing commercial buildings in Gangseo-gu Seoul Metropolitan Government C

On March 2014, the Defendant requested the Plaintiff to arrange for the loan in order to raise the purchase cost of the above C block land.

On March 28, 2014, D Co., Ltd. (the representative of the defendant) that the defendant actually operated agreed to receive a loan of 5.4 billion won from the Savings Bank as a general loan loan with 7.0% per annum on March 28, 2014. The defendant jointly and severally guaranteed the above loan obligation, and the defendant concluded a real estate collateral trust contract with the Savings Bank as a priority beneficiary with respect to the real estate, such as the land in Gyeyang-gu, Soyang-gu, Seoul, the land and its ground, and the building on the land in Gangseo-gu, Gangseo-gu, Seoul, G, and the building on the land, etc. owned by the defendant for the security.

D Co., Ltd. was loaned KRW 5,291,825,000 from the Savings Bank on April 4, 2014 after deducting the loan coverage fee of KRW 108,00,000 from KRW 5.4 billion from the Savings Bank.

On March 28, 2014, the Plaintiff entered into a financial intermediary and advisory contract (hereinafter “instant contract”) with the Defendant as follows:

The purpose of this contract is to provide the Plaintiff with advice on this project, including financial advice, for the PF loan for the business of constructing commercial facilities in Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the "this loan") promoted by the Defendant, and to provide for the overall matters of advisory services, such as the payment of advisory fees to the Plaintiff.

Article 3 (Abstract of “this Loan”) (1) The plaintiff acts as a financial intermediary and a consultant.

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